BUSINESS REGULATIONS & SUPPORT SYSTEM

1. BUSINESS REGULATIONS & SUPPORT SYSTEM Dr. Azizan Abdullah Azlin Shafinaz Mohamad Arshad Siti Zahrah Buyong Zarina Abdul Munir

2. Introduction Business support system refers to the assistance and services given by the government or private agencies to help entrepreneurs to start a new business or to develop an existing one. There are a lot of business support system provided to the entrepreneur in term of monetary and non monetary facilities.

3. Approval and Licensing

4. Entrepreneur are required to have approval and licensing from relevant government agencies in setting up manufacturing businesses. Manufacturing Licence ►The Malaysian Government under The Industrial Coordination Act (ICA)1975 requires person (s) engaging in any manufacturing activity to obtain a licence. ►This regulation only apply to the manufacturing companies with shareholders’ fund of 2.5m

5. and above or engaging 75 or more full-time employees. ►Manufacturing activity is defined as the making, altering, blending, ornamenting, finishing or any other related activities. ► Applications of manufacturing licence should be made to Malaysian Industrial Development Authority (MIDA).

6. No-Objection Letter for the Location of Projects ► No-objection letter from the respective State Government is require for approval of the project location. ► This letter needs to be submitted to MIDA for the issuance of the manufacturing licence. Approval for Planning Permission ► Application for planning permission is require under Town and Country Planning Act, 1976 (Act 1972).

7. ► Planning permission need for a development and use of all lands and building. ► Planning permission should be made to the local authority such as City Council of Shah Alam (MBSA), Municipal Council of Kota Star (MPKS) etc. Approval for Building Plan ► The Street, Drainage and Building Act 1974 (Act 133) require construction of buildings can only be undertaken with the written approval for the local authority.

8. ► Every plan, drawing or calculation in which related to The building must be submitted by qualified person such as architect, draughtsman or engineer. Approval for Certificate of Fitness for Occupation ► All completed building need to be certified as being fit for occupation by the local authority. ► This requirement has been spell out under the Uniform Building by Laws 1984.

9. Approval for Business Related Licences ► The licences related to factory premises, advertising signage, storage and canteen. ► This licences should be apply through the local authority. Approval for Environmental Control ► Environment Quality Act, 1974 requires the manufacturers to control industrial activities that may result in a new source of effluent or discharge.

10. ►The installation of incinerator, fuel burning equipment and chimney also need approval. ►The environmental control and approval are under the responsibility of Department of Environment. Approval for Safety and Health ►Factories and Machinery Act 1967 require manufacturers to obtain design approval of certificate machinery and certificate of fitness ►The application of approval should be send to Department of Occupational Safety and Health.

11. Excise Licence and Sales Tax Licence ► Excise duties are require for a factory that manufactured goods which prescribe under Excise Act, 1976. ► Excise licence also need for products under this category and should be obtained from Royal Customs Malaysia. ► Customs Department will levied a sales tax on imported and locally manufactured goods. ► A sales tax licence should be apply under Sales Tax Act, 1972

12. Infrastructure Facilities

13. Industrial Estates ►Industrial estates has been developed by State Economic Development Corporations (SEDCs), Regional Development Authorities (RDAs), port authorities and municipalities. ► Currently there were over 200 industrial estates were developed by those agencies and the new ones are continuously planned to meet the demand of industrial land.

14. Free Industrial Zones (FIZs) ►Established for manufacturing companies that produce or assemble products mainly for export purposes. ►The manufacturing companies in FIZs enjoy minimal customs formalities and duty free import of raw materials, component parts, machinery and equipment. ► They also have a minimal formalities for export their finished products.

15. Licensed Manufacturing Warehouses (LMWs) ►The purpose of LMWs is to encourage the dispersal of industries and to enable companies to enjoy FIZ facilities in areas where it is neither practical nor desirable to establish FIZs. ► In order to get an approval for LMWs the companies should have at least 80% of their production meant for export and raw materials or components are mainly imported.

16. Electricity and Water Supply ► Electricity for Peninsular Malaysia supply by Tenaga Nasional Berhad (TNB) while for Sabah and Sarawak are Sabah Electricity Sdn. Bhd. (SESB) and Sarawak Supply Corporation (SESCO) respectively. ► In term of water, it has been treated according to the World Health Organisation (WHO) standards for drinking and supply by state water department and water supply companies. ► Water costs are low and vary from state to state.

17. Telecommunication Services ►Provided by Telekom Malaysia Berhad and other network service providers. ►There are six internet service providers which include TMNet, Jaring and MAXIS Net whose help the government to promote information based industry. ► Malaysia’s also entry into space age communication through the launching of MEAST-1 and 2 and Tiungsat-1 in 1996 and 2000 respectively.

18. Sea Ports, Cargo Transportation, Highway and Railway Services ►Sea ports has modern facilities and equipment to facilitates full range of cargo handling. ►Cargo transportation provide comprehensive containerised cargo transportation services. ►The Malaysian Highway Authority provided latest design of expressways which link to all major townships and potential development area. ►Railway services operates by Keretapi Tanah Melayu (KTM) with the capacity to transport goods ranging from grain to machinery.

19. Multimedia Super Corridor (MSC) ► MSC was established with the aims to revolutionise how Malaysians and others in the region conduct commerce in the digital age. ► MSC governed by groundbreaking Cyberlaws, policies and practices that enable operating companies to harness the full potential of Information Communications Technology and Multimedia. ► The ultimate aim of MSC is to attracts multimedia companies locally and internationally to become world class over time.

20. Financial Assistance

21. Financial Assistance for Entrepreneurs Financing is needed by entrepreneur for sustainability and development of business.

22. Purposes of Financing 1. Strengthening skills of workforce 2. Entrepreneur development 3. Marketing & Promotion 4. Product Development & Quality accreditation 5. Technology development 6. Debt restructuring 7. General

23. Types of Financing • Soft loan • Grants • Equity financing • Venture capital • Guarantee scheme • Tax incentives

24. Who Provide the Financial Assistance? Two main provider for financial assistance are ministry and agencies. Ministry • Ministry of Entrepreneur and Co-operative Development (MECD) • Ministry of Science, Technology and Innovation (MOSTI) Agencies 26 agencies

25. Ministry of Entrepreneur and Co-operative Development (MECD) Financing scheme under MECD: 1.ASEAN- Japan Development Fund 2. Equity Financing3. Franchise Development4. Skim Pembiayaan Pusat Negeri (SPPN)

26. Ministry of Science, Technology and Innovation (MOSTI) Financing scheme under MOSTI: Enterprise Innovation Fund(EIF) Objective :To increase the participation of SMEs, micro businesses and individual/sole-proprietors in innovative activities through the development of new or improved products, processes or services with element of innovation for commercialisation

27. Ministry of Science, Technology and Innovation (MOSTI) Enterprise Innovation Fund(EIF) Eligibility criteria Malaysian business enterprises or individual with project or product proposal that has elements of technological innovation for commercialisation

28. Financial Assistance from Government Agencies There are twenty six (26) agencies that provide financial assistance for entrepreneur. Examples are : • Banks such as Bank Kerjasama Rakyat Malaysia Berhad, Bank Negara Malaysia, Bank Perusahaan Kecil & Sederhana Berhad, and Bank Pertanian Malaysia Berhad • Non-banks such as Perbadanan Nasional Berhad, Small and Medium Industries Development Corporation, Multimedia Development Corporation

29. Bank Kerjasama Rakyat Malaysia Berhad Youth Business Scheme ObjectiveTo assist youth to venture into business on full time basis. Eligibility criteria Individual Malaysian citizen aged between 18-40 years old Must register online as an applicant  through the Portal of  ‘Majlis Penggalakan Ekonomi Belia (MPEB)’ - www.mpeb.gov.my Pass the screening test conducted by Ministry of Youth and Sport No adverse record with financial institutions Purpose of financing Expansion in productive capacity Working capital

30. Bank Negara Malaysia New Entrepreneurs Fund 2 ObjectiveTo promote the growth of small and medium-sized Bumiputera enterprises by ensuring that they have access to financing at reasonable cost. Eligibility criteria Business enterprise based on the definition of SMEs [Link] www.smeinfo.com.my Maximum shareholders' funds not exceeding RM2 million; Shareholding by Public Listed Companies or Government-Link Companies (if any) should not exceed 20%; Purpose of financing Expansion in productive capacity

31. SME Bank Graduate Entrepreneurs Fund Objective To encourage graduates to participate and venture into businesses in the selected industry. Eligibility criteria Graduate holds majority equity in a company registered with the Companies Commission of Malaysia under the Companies Act 1965 Has a diploma/degree/doctorate qualification Must be below 40 years old and has successfully completed training programmers, placement and practical training under the Ministry of Entrepreneur and Co-operative Development (MECD) or its agencies Purpose of financing Working capital Financing fixed assets or both

32. Agro Bank Malaysia Agriculture Entrepreneurs Scheme for Graduates Objective To encourage graduate to embark in the commercial agriculture sector as an alternative career development. Eligibility criteriaUnemployed graduates with keen interest to develop a full time career in agriculture sector Purpose of financingWorking capital and expansion in productive capacity e.g. purchase of fixed asset

33. Perbadanan Nasional Berhad Youth Franchise ObjectiveTo encourage Bumiputera youth to venture into franchise business by providing start-up financing Eligibility criteria - A wholly-owned Bumiputera private limited company - Bumiputera age between 21 to 40 years old - Contribute at least 10% of the total project cost Application procedureApplication to be submitted to PNS

34. Perbadanan Usahawan Nasional Berhad (PUNB) Bumiputera Entrepreneurs Retail Project Fund (PROSPER) ObjectiveTo enhance and upgrade Bumiputera entrepreneurs' participation in the retail business. Eligibility criteria 1. Entrepreneur - Bumiputera above 18 years old - Possess the necessary entrepreneurial skills. 2. Business - Retail business wholly owned by Bumiputera. - Viable project costing not exceeding RM 1 million.

35. Perbadanan Usahawan Nasional Berhad (PUNB) PROSPER Siswazah Entrepreneurial Scheme ObjectiveTo assist Bumiputera graduates to embark or venture into retail and distribution business industry through the systematic and structured PUNB's programmes Eligibility criteria 1. Young Bumiputera Graduate - Less than 30 years old with at least diploma qualification from institution recognised by the government.; - Able to source own capital amounting RM500 for each project 2. Businesses - Wholly-owned and managed by Bumiputera ; - New business or business at the stage of expansion

36. Small and Medium Industries Development Corporation Matching Grant for Business Start-ups Objective- To provide assistance in the form of matching grant to start up a business in the following sectors: - Manufacturing and Manufacturing related services; and - Services (excluding insurance and financial services) Eligibility criteria - Business enterprise based on the definition of SMEs. - At least 60% of equity are held by Malaysian and - Possess valid premise license

37. Multimedia Development Corporation MSC Malaysia Research and Development Grant Scheme (MGS) ObjectiveTo provide reimbursable R&D grant to assist Multimedia Super Corridor (MSC) Malaysia-Status Companies to develop innovative multimedia technologies and applications. Eligibility criteria Possess a valid MSC Malaysia-status certification Malaysian shareholding of at least 51% Past or current recipients of any Government R&D grant are NOT eligible under the scheme Purpose of financingTo provide financing for research and development projects for the development of new products and services across the multimedia value chain and Flagship Applications

38. Employment Policies & Legislations

39. EMPLOYMENT POLICIES & LEGISLATION EMPLOYMENT ACT 1955 EMPLOYER PROVIDENT FUND SOCIAL SECURITY ORGANIZATION OCCUPATIONAL SAFETY AND HEALTH

40. 1. EMPLOYMENT ACT 1955 • Stipulates the minimum conditions of employment such as Besides, the Act is to provide minimum standards on working hours and overtime, weekly rest day, public holidays, annual and sick leaves, maternity benefits, termination and lay off benefits etc • Applies to all employees in Peninsular Malaysia and the Federal Territory of Labuan whose monthly wages do not exceed RM1,500 and all manual workers irrespective of their wages. • Employees who earn between RM1,500 to RM5,000 a month can still seek redress from the Labor Department with regard to wages and any other payments in cash as stipulated in their contract of service.

41. 2.EMPLOYER PROVIDENT FUND • A social security institution formed according to the Laws of Malaysia, Employees Provident Fund Act 1991 (Act 452) which provides retirement benefits for members through management of their savings in an efficient and reliable manner. • All employers must register their employees with EPF immediately upon employment. • Provides a convenient framework for employers to meet their statutory and moral obligations to their employees.

42. 2.EMPLOYER PROVIDENT FUND • The Act stipulates a compulsory contribution for employees. A contribution constitutes the amount of money credited to members' individual accounts in the EPF. The amount is calculated based on the monthly wages of an employee. The current rate of contribution is 23% of the employee's wages of which 11% is from the employee's monthly wage while 12% is contributed by the employer. • Under this Act, all employers and employees except foreign workers, expatriates and those who are listed under the First Schedule must contribute to the Employees provident Fund (EPF). However, they can choose to contribute at the rate of RM5.00 (employer’s share) per employee per month and 11% of monthly wages by the employee.

43. 3. SOCIAL SECURITY ORGANIZATION • Administers the Employment Injury Insurance Scheme and Invalidity Pension Scheme provided under the Employees’ Social Security Act 1969. • The scheme is compulsory and employer must cover all employees under SOCSO even if they are covered under other insurance policies. • A monthly contribution must be made for each eligible employee according to rates specified under the Act (about 2.5% of basic employee’s salary). • Covers only Malaysian workers and permanent residents. All establishments, including factories, employing workers earning wages not exceeding RM2,000 a month

44. 4. OCCUPATIONAL SAFETY AND HEALTH • The Department of Occupational Safety and Health (DOSH) is a department under the Ministry of Human Resources. The Department of Occupational Safety and Health (DOSH) is responsible for enforcing compliance of the law with OSHA 1994. DOSH also enforces compliance with the Factories and Machinery Act 1967. • The OSHA 1994 provides legislative framework to promote, stimulate and encourage high standards of safety and health at work. The aim is to promote safety and health awareness, establish effective safety organization and performance through self-regulation schemes designed to suit the particular industry or organization. This Act also defines the responsibilities of employers, manufacturer, employees, self-employed workers, designers, importers and vendors.

45. 4. OCCUPATIONAL SAFETY AND HEALTH • As for Factories and Machinery Act 1967, it provide for the control of factories on matters relating to the safety, health and welfare of persons, and the registration and inspection of machinery. Some high risk machinery must be certified and inspected by DOSH. All factories and general machinery must be registered with DOSH for the purpose of registration before they can be installed and operated in Malaysia.

46. Manpower Development & Training Facilities

47. MANPOWER DEVELOPMENT & TRAINING FACILITIES NATIONAL VACATIONAL TRAINING COUNCIL MINISTRY OF HUMAN RESOURCE HUMAN RESOURCE DEVELOPMENT FUND MALAYSIA PRODUCTIVITY FUND MALAYSIAN ENTREPRENEURSHIP DEVELOPMENT CENTRE PERBADANAN USAHAWAN NASIONAL BERHAD MAJLIS AMANAH RAKYAT

48. 1. NATIONAL VACATIONAL TRAINING COUNCIL • The Department of Skills Development, formerly known as The National Vocational Training Council, is one of the agencies under the Human Resource Ministry, responsible for the co-ordination and control of skills training as well as career development in skills training. in line with the implementation of the National Skills Development Act, 652 (2006) on September 1, 2006.

49. 1. NATIONAL VACATIONAL TRAINING COUNCIL • The objective is to generate and coordinate the development of skilled workforce by: • Developing Competency Standard, of a developed country level, for skilled workforce, • Recognising the competency and skills of workforce and industry experts, and • Coordinating skills training systems and Malaysia Skills Certificate systems. • Function of this council is to : • Assess training requirements, • Develop, approve and revise the National Skills Standard, • Implement the national training certification programmes, • Promote skills training systems, • Assist and enhance skills proficiency of individuals, and • Guide learning/research programmes related to skills training.

50. 2. MINISTRY OF HUMAN RESOUCE • Currently runs 14 industrial training institutes (ITIs) which offer industrial skills training programme at basic, intermediate and advanced levels for pre-employment or job entry level. These include apprenticeships in mechanical, electrical, building and printing trades as well as programme to upgrade skills and to train instructors. • The Ministry also operates the Centre for Instructors and Advanced Skills Training (CIAST), Industrial Training Institute Japan-Malaysia Technical Institute (JMTI) and Advanced Technology Centers (ADTEC).